Social Origins and Primal Law

by Andrew Lang; J. J. Atkinson

There remain other actual traits whose connection with this era is equally evident. For instance, avoidance between father-in-law and son-in-law could not have had its genesis in the very earliest type of assembly. Whilst parental incest ruled as the custom, each group must have been isolated from and hostile to every other. These two could never have been in habitual presence one of the other. But, again, the habit could not have arisen in the later form, as represented by a tribal horde with uterine descent, as primitively composed of only two intermarrying groups, each of which formed a clan distinguished by a different totem emblem.[5] The relative clan-relationship of each member of the horde would, by the aid of this distinctive totem, be distinctly defined, and, with female descent, the father-in-law and son-in-law would find themselves members of the same clan [phratry]. As thus being both males and of the same 'phratry,' there could not possibly be avoidance or enmity, real or simulated, between them.[6] By all the sacred ties of blood [phratry] they were conjoined in offence and in defence. Further, where descent is uterine we find that the disposal of a daughter is in the hands of the mother or maternal uncle alone—the father has no voice whatever in the question, nor any part in her value as an object of barter or sale. Thus he is perfectly disinterested in the matter of his children. So far from being in disunion with his son-in-law, his sympathies, in case of a tribal quarrel, would be certainly with him. But the younger man, in internal quarrels, might be found fighting to the death with his own real father, not (as I have seen it stated in mention of just such an incident)[7] because he has become part of his wife's clan,[8] which could never be, but because, with descent through the female, his father would be a member of the different group and of other blood to himself, and to his father-in-law also.

The genesis of this particular avoidance (father-in-law and son-in-law) took place during that stage of the transition era, when, incest still lingering, the immigrant suitor was so far acknowledged that his entry into a group was not always delayed till the death of his proposed father-in-law. As they were thus possible rivals there was a chance of friction, only to be averted by the law in question. Avoidance would arise at the same time between mother-in-law and son-in-law, but this time as a measure of protection for the marital rights of the husband of the former.[9] It could not have arisen in the early Cyclopean era. The son-in-law as such, could evidently not have had existence when the mother's daughter was the father's wife, nor, later, when, with the general recognition of the classifactory system, there arose a strict interdiction of sexual union between members of different generations. There would in such circumstances be no further risk of danger from the jealousy of a father as regards his wife, and the husband of his daughter. It had its origin in the fact that when the outside suitor had originally been granted entry, it would only have been after the death of the patriarch sire, and as a mate for his widowed females. But as these would include both mother and daughter, there would thereby be created a precedent, so to speak, which required regulation, when later, with the decay of incest, the living father remained in presence. In fact, avoidance between mothers-in-law and sons-in-law defined fathers-in-law's rights.

We may here again note another step in advance to purely human attributes in the fresh distinction between female and female, which has now again arisen as between a mother and her daughter as regards the immigrant suitor. But whereas with these, as indeed with most of the cases of avoidance we have studied, sexual jealousy has been the primary cause, we may now trace the action of quite another factor, which would certainly tend to a conservation of the habit, and in a manner intensify it. This would be association of idea with hostile capture.

As regards the father-in-law, however, the custom, as far as capture is concerned, would not occur with female descent, for the reasons we have already given of clan kinship in such a case. It might, however, be found as a factor to a certain extent with male kinship, for here it is the father-in-law who is of the same clan as his daughter, and thus interested in her negotiable value. Thus it is possible to imagine enmity between him and her possible captor, who is also of a different clan from himself. As regards avoidance of mother-in-law it has again, perhaps, been accentuated by forcible capture. The effect, however, in relation to descent would be exactly the reverse of that with the father. With early male descent in the primitive tribe as composed of only two clan groups [phratries], it is she who would be of the same stock as her daughter's husband, and the habit would not arise, the captor is, in fact, a member of the tribe from which she herself has been stolen; although later, when more than two clans were conjoined,[10] it might happen that her son-in-law belonged to another, and here there might arise feelings of animosity. With uterine descent the case is certainly altered. As a mother, and as member of a clan different from that of the male suitor, the figure of the son-in-law might be dreaded as a possible captor of her daughter and other young female members. But here again a difficulty arises, for when the capture becomes an accomplished fact, the mother-in-law and son-in-law would probably not meet again, at least in primitive times: he belonging to the group having patriarchal descent, with capture as the rule; she, to the matriarchal, where the female is normally immobile, between which two forms of group no friendly intercourse could occur. The fact of avoidance in any form presumes contiguity or the habitual presence of the individuals concerned, and this in such a case could not arise. So as in Tylor's figures we find that in W to H, as the latter is completely cut off from his family, there is not one single case of avoidance between the wife and the husband's relatives. It is evident that the same rarity of contiguity must have arisen also with the father in male descent; there is here certainly cause of disagreement in the rape, but if the parties see each other no more there would be no necessity of evolution of avoidance to mark the fact. Indeed, I cannot help thinking that the importance of association with hostile capture has been much exaggerated as a factor in the evolution of Avoidance. The question of 'residence' and 'descent' has not been held sufficiently in account by those who insist on the capture as the sole cause of avoidance. Despite the eminence of the authors favouring this view, I would venture to submit that the balance of proof would much favour sexual jealousy, which we have heretofore found the sole motive power in all changes.

Those who would uphold anger roused by capture as the cause of avoidance with the wife's relatives, for instance, must be prepared to show that it would be strongest with the one who was most deeply interested in the wife, one whose voice in her destiny was of greater power than her own mother's, and that was her maternal uncle, the head of her clan. Now I have failed as yet to find a single trace of such a case as avoidance between the latter and his sister's daughter's husband.

Again, jealousy, or a desire for regulations in matters of sexual union, will explain certain details in the accounts we have received of individual cases which seem otherwise obscure or irrelevant. These have been overlooked, as they are minute, but from my point of view are full of significance when closely examined. Mr. Lubbock says,[11] quoting Franklin as to American Indians: 'It is extremely improper for a mother-in-law to speak or even look at him, i.e. her son-in-law.' Quoting Baegert: 'The son-in-law was not allowed for some time to look into the face of his mother-in-law.' Further, 'among the Mongols a woman must not speak to her father-in-law, nor sit down in his presence. Among the Ostiaks, Une fille mariée évite autant qu'il lui est possible la présence du père de son mari tant qu'elle n'a pas d'enfant, et le mari pendant ce temps n'ose pas paraître devant la mère de sa femme' (Pallas). In China the father-in-law after the wedding-day never sees the face of his daughter-in-law again, he never visits her, and if they chance to meet he hides himself. Among the Kaffirs a married woman is required to hlonipa[12] her father-in-law, and all her husband's male relations in the ascending line, i.e. to be cut off from all intercourse with them.

Again, in Australia, it is compulsory on the mothers-in-law to avoid the sight of their sons-in-law, by-making the former take a very circuitous route on all occasions, to avoid being seen, and they hide the face or figure with the rug which the female carries with her. So strict is the rule, that if married men are jealous of any one, they sometimes promise to give him a daughter in marriage. This places the married man's wife, according to custom, in the position of mother-in-law, and renders any communication between her and her future son-in-law a capital crime.[13] Also among the Sioux or Dacotas, Mr. Philander Prescott remarks on the fear of uttering certain names. The father and mother-in-law must not call their son-in-law by name, and vice versa, and there are other relationships to which the prohibition applies. He has known an infringement of this rule punished by cutting the offender's clothes off his back and throwing them away. Harmon says 'that among the Indians east of the Rocky Mountains it is indecent for the father or mother-in-law to look at or speak to the son or daughter-in-law.' Among the Yakuts, Adolf Erman noticed a more peculiar custom. As in other northern regions the custom of wearing but little clothing in the hot stifling interior of the huts is common there, and the women often go about their domestic work stripped to the waist, nor do they object to this disarray in the presence of strangers; but there are two persons before whom a Yakut woman must not appear in this guise, her father-in-law and her husband's elder brother. Again, quoting J. G. Wood, he says the native term for these customs of avoidance is, 'being ashamed of the mother-in-law.' The Basuto custom forbids a wife to look in the face of her father-in-law till the birth of her first child—and among the Banyai a man must sit with his knees bent in presence of his mother-in-law, and must not put out his feet towards her.

Now an important circumstance to be remarked in nearly all cases of Avoidance is, that it principally exists between people of different sexes,—thus an a priori inference may be drawn that the primary cause lay in some relation to the sexual question. It is significant that a woman's avoidance of her husband's relations is with those in the ascending line, i.e. with his seniors. Against his juniors he can defend himself, against his seniors he needs the protection of law. In the cases we have cited, it is significant that, besides the father-in-law, hlonipaed among the Kaffirs, the woman must hlonipa all her husband's male relations in the ascending line. Among the Yakuts she must not appear unclothed before her husband's elder brother.

Among the Veddahs of Ceylon a father will not see his daughter, nor a mother her son, after they have come to years of maturity.[14]

If we examine the words italicised in the quotations above, they seem to convey more nearly an idea of impropriety in any approach to intimacy than that of 'cutting' from enmity, as Dr. Tylor has suggested. Indeed, we observe here just the same horror that a too familiar attitude between forbidden kindred, as uncle and niece, would excite amongst ourselves, arising from the same idea of repugnance.